“Good Spirit,” he pursued, as down upon the ground he fell before it: “Your nature intercedes for me, and pities me. Assure me that I yet may change these shadows you have shown me, by an altered life!” – Charles Dickens, A Christmas Carol

There are many reasons software patents cause so much trouble. The Patent Office does not do a good job reviewing software patent applications to see if they are claiming something new. And these patents often describe the purported invention with highly vague and ambiguous language. Software patents also tend to claim every way to solve a problem, rather than the particular solution developed by the applicant. This is known as functional claiming. While it may seem like an arcane legal dispute, functional claiming is a key feature of overbroad software patents.

In the movement toward patent reform, the Patent Office, Congress, and the courts aren't the only targets for change. Individual and corporate patent owners have steps they can take to reduce the harmful effects of software patents and disempower patent trolls, largely through alternative licensing schemes.

We're excited to announce the first set of patents released under one such scheme, the Defensive Patent License (DPL). The 23 patents, owned by EFF cofounder John Gilmore, were created by Pixel Qi, a startup that aimed to advance low-power LCD screens. With these patents under the DPL, anyone can license them royalty-free as long as they license their own patents (and commit to licensing future patents) under the same terms—even if they don't have any patents at all.